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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983

104

 
 

Provision

Modification

 
 

In section 202 (interpretation),

In the definition of “prescribed”, after

 
 

the definitions in subsection

“regulations” insert “applied by Schedule 4 to the

 
 

(1) of “legal incapacity”, “legal

Parliamentary Voting System and Constituencies

 
 

process”, “person”,

Act 2010”.

 

5

 

“prescribed” and “universal

  
 

postal service provider”; and

  
 

subsection (2)

  
 

Section 204(3), (5) and (8)

  
 

(general application to

  

10

 

Scotland)

  
 

Section 205 (general

  
 

application to Northern

  
 

Ireland)

  
 

2     (1)  

In relation to England and Wales, section 13B of the 1983 Act has effect for

15

the purposes of the referendum as if a reference to an election to which that

section applies included a reference to the referendum.

      (2)  

In relation to Northern Ireland, section 13BA of the 1983 Act has effect for the

purposes of the referendum as if—

(a)   

a reference to an election to which that section applies included a

20

reference to the referendum,

(b)   

a reference to the final nomination day included a reference to the

eleventh day before the date of the poll for the referendum,

(c)   

a reference in subsection (4) to an election included a reference to the

referendum, and

25

(d)   

subsection (4)(b) referred also to the postal voters list or list of

proxies kept for the referendum under paragraph 16(2) or (3) of

Schedule 3.

      (3)  

A reference in any enactment to section 13B or 13BA of the 1983 Act includes

(where the context allows) a reference to that section as modified by this

30

paragraph.

      (4)  

Sub-paragraph (3) has effect, in relation to any register, until the first

publication after the referendum of a revised version of the register under

section 13 of the 1983 Act.

3          

In sections 173 and 173A of the 1983 Act (which relate to incapacities where

35

a person has been convicted of a corrupt or illegal practice) a reference to a

person convicted of a corrupt or illegal practice includes a reference to a

person convicted of such a practice under a provision of the 1983 Act applied

by paragraph 1.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)

105

 

Part 2

Other acts

Political Parties, Elections and Referendums Act 2000

4          

Section 6A(4) of the 2000 Act (meaning of “relevant counting officer”)

applies for the purposes of the referendum as if for paragraphs (a) and (b)

5

there were substituted “in accordance with paragraph 2 of Schedule 1 to the

Parliamentary Voting System and Constituencies Act 2010.”

5          

Section 9C of the 2000 Act (provision of information about expenditure)

applies for the purposes of the referendum as if for the words in subsection

(2)(c) after “in connection with” there were substituted “the referendum

10

under section 1 of the Parliamentary Voting System and Constituencies Act

2010.”

6          

Section 128 of the 2000 Act (counting officers etc for referendums) applies for

the purposes of the referendum as if—

(a)   

subsections (3), (4), (8) and (9)(b) were omitted;

15

(b)   

in subsection (5), for “the area for which he is appointed” there were

substituted “the voting area for which he acts”;

(c)   

in subsection (9), for paragraph (a) there were substituted—

“(a)   

“voting area” has the meaning given by section 5(2) of

the Parliamentary Voting System and Constituencies

20

Act 2010;”.

Electoral Administration Act 2006

7          

Section 71 of the Electoral Administration Act 2006 (restriction on powers of

arrest by persons other than constables) applies for the purposes of the

referendum as if the reference to section 60 of the 1983 Act (personation)

25

were to that section as applied by Part 1 of this Schedule.

Part 3

The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)

8     (1)  

The provisions of the relevant regulations listed in the first column of the

table apply for the purposes of the referendum; and for this purpose the

30

relevant regulations are—

(a)   

the Representation of the People (England and Wales) Regulations

2001 (S.I. 2001/341) (referred to in this paragraph as “the England

and Wales Regulations”), and

(b)   

the Representation of the People (Scotland) Regulations 2001

35

(S.I. 2001/497) (referred to in this paragraph as “the Scotland

Regulations”).

      (2)  

In their application by virtue of this paragraph, those provisions have

effect—

(a)   

with the modifications (if any) shown in the second column of the

40

table, and

(b)   

with any other necessary modifications, including in particular those

set out in sub-paragraph (3).

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)

106

 

      (3)  

Except where the context otherwise requires—

(a)   

a reference to a provision that is applied by this Schedule has effect

as a reference to that provision as so applied;

(b)   

expressions are to be construed in accordance with the definitions

listed in section 7 of this Act and rule 53 of the referendum rules.

5

      (4)  

In relation to the referendum—

(a)   

regulation 45B(2) of the Scotland Regulations (restrictions on supply

etc of record of anonymous entries) has effect as if after sub-

paragraph (a) there were inserted—

“(aa)   

a deputy of the registration officer acting in that

10

other capacity;”

   

and as if the references in sub-paragraph (b) to “that officer” were to

“a person mentioned in sub-paragraph (a) or (aa)”;

(b)   

regulation 94(2) of the England and Wales Regulations (restrictions

on supply etc of full register) has effect as if after sub-paragraph (b)

15

there were inserted—

“(ba)   

the Chief Counting Officer and any Regional

Counting Officer;

(bb)   

any deputy of the Chief Counting Officer or any

Regional Counting Officer;”

20

   

and as if the references in sub-paragraph (c) to “any person

mentioned in paragraph (a) or (b)” and “any such officer” were

references to “a person mentioned in sub-paragraph (a), (b), (ba)

or (bb)”;

(c)   

regulation 94(2) of the Scotland Regulations (restrictions on supply

25

etc of full register) has effect as if after sub-paragraph (a) there were

inserted—

“(aa)   

any deputy of the registration officer acting in that

other capacity,

(ab)   

the Chief Counting Officer and any Regional

30

Counting Officer,

(ac)   

any deputy of the Chief Counting Officer or any

Regional Counting Officer,”

   

and as if the references in sub-paragraph (b) to “that officer” were to

“a person mentioned in sub-paragraph (a), (aa), (ab) or (ac)”.

35

      (5)  

The provisions of the relevant regulations that apply for the purposes of the

referendum by virtue of this paragraph are in addition to the provisions of

the regulations that would apply for those purposes in any event.

 

Provision

Modification

 
 

Regulation 3(1) and (3)

  

40

 

(interpretation)

  
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)

107

 
 

Provision

Modification

 
 

Regulation 4 (forms)

In paragraph (1)—

 
  

(a)   

for paragraphs (a) and (b) substitute

 
  

“applications made under Part 1 of

 
  

Schedule 3 to the Parliamentary Voting

 

5

  

System and Constituencies Act 2010 and

 
  

Part 4 of these Regulations”;

 
  

(b)   

“an election” substitute “the referendum”.

 
  

Paragraph (2) applies for the purposes of the

 
  

referendum only in so far as it relates to Form K in

 

10

  

Schedule 3 to the regulations.

 
 

Regulation 5 (applications,

  
 

notices etc)

  
 

Regulation 6 (electronic

  
 

signatures)

  

15

 

Regulation 8 (time)

  
 

Regulation 11 (interference

  
 

with notices etc)

  
 

Regulation 32A

  
 

(representations regarding

  

20

 

clerical errors)

  
 

Regulation 36(2) and (3)

In paragraph (2) omit “13A(2) or”.

 
 

(notices in connection with

  
 

registration)

  
 

Regulation 36A

  

25

 

(communication of notices

  
 

issued on polling day)

  
 

Regulation 50

Omit the definition of “allotted polling station”.

 
 

(interpretation of Part 4)

  
 

Regulation 51 (general

For “Schedule 4” substitute “Part 1 of Schedule 3 to

 

30

 

requirements for

the Parliamentary Voting System and

 
 

applications for an absent

Constituencies Act 2010”.

 
 

vote)

  
  

In paragraph (2)—

 
  

(a)   

in sub-paragraph (b), for “paragraph 7(4) or

 

35

  

(7) of Schedule 4” substitute “paragraph 8(4)

 
  

or (5) of Schedule 3 to the Parliamentary

 
  

Voting System and Constituencies Act

 
  

2010”;

 
  

(b)   

in sub-paragraph (f), for “paragraph 3, 4 or 7

 

40

  

of Schedule 4” substitute “paragraph 4 or 8

 
  

of Schedule 3 to the Parliamentary Voting

 
  

System and Constituencies Act 2010”.

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)

108

 
 

Provision

Modification

 
  

Omit paragraph (4).

 
  

For paragraph (5) substitute—

 
  

“(5)   

An application that is made under Part 1 of

 
  

Schedule 3 to the Parliamentary Voting

 

5

  

System and Constituencies Act 2010 for the

 
  

purposes of the referendum must state that it

 
  

is so made.”

 
 

Regulation 51A (additional

In sub-paragraph (a)—

 
 

provision concerning

(a)   

for “Schedule 4” substitute “Part 1 of

 

10

 

requirement that

Schedule 3 to the Parliamentary Voting

 
 

applications for absent vote

System and Constituencies Act 2010”;

 
 

must be signed)

(b)   

for “returning officer” substitute “counting

 
  

officer”.

 
 

Regulation 51AA

In paragraph (1)—

 

15

 

(additional requirement for

(a)   

in sub-paragraph (a), for “paragraph 3(1)

 
 

applications for ballot paper

or (7) or 4(1) of Schedule 4” substitute

 
 

to be sent to different

“paragraph 4(1) of Schedule 3 to the

 
 

address from that stated in

Parliamentary Voting System and

 
 

application)

Constituencies Act 2010”;

 

20

  

(b)   

in sub-paragraph (b), for “paragraph 7(4) of

 
  

Schedule  4” substitute “paragraph 8(4) of

 
  

Schedule 3 to the Parliamentary Voting

 
  

System and Constituencies Act 2010”.

 
 

Regulation 51B (additional

In paragraph (1), for sub-paragraphs (a) and (b)

 

25

 

requirement for applications

substitute “paragraph 4(5)(a) or 8(5) of Schedule 3

 
 

for ballot paper to be sent to

to the Parliamentary Voting System and

 
 

different address from that

Constituencies Act 2010 by a person shown as

 
 

shown in records)

voting by post in the record referred to in that

 
  

provision”.

 

30

 

Regulation 52 (additional

For “paragraphs 3 and 4 of Schedule 4” substitute

 
 

requirements for

“paragraph 4 of Schedule 3 to the Parliamentary

 
 

applications for

Voting System and Constituencies Act 2010”.

 
 

appointment of proxy)

  
 

Regulation 55 (additional

For paragraph (1) substitute—

 

35

 

requirements for

“(1)   

An application under paragraph 4(2) of

 
 

applications for proxy to

Schedule 3 to the Parliamentary Voting

 
 

vote in respect of a

System and Constituencies Act 2010 to vote

 
 

particular election)

by proxy in the referendum shall set out why

 
  

the applicant’s circumstances on the date of

 

40

  

the poll will be or are likely to be such that he

 
  

cannot reasonably be expected to vote in

 
  

person at the polling station allotted to him

 
  

under the referendum rules.”

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)

109

 
 

Provision

Modification

 
  

In paragraph (2)—

 
  

(a)   

for “paragraph 4(2) of Schedule 4”

 
  

substitute “paragraph 4(2) of Schedule 3 to

 
  

the Parliamentary Voting System and

 

5

  

Constituencies Act 2010”;

 
  

(b)   

for “at the election for which it is made”

 
  

substitute “for the referendum”.

 
  

In paragraph (4) of the England and Wales

 
  

Regulations and in paragraph (3A) of the Scotland

 

10

  

Regulations—

 
  

(a)   

for “paragraph 4(2) of Schedule 4”

 
  

substitute “paragraph 4(2) of Schedule 3 to

 
  

the Parliamentary Voting System and

 
  

Constituencies Act 2010”;

 

15

  

(b)   

for “paragraph 2(5A)” substitute

 
  

“paragraph 2(6)”;

 
  

(c)   

for “at the election for which it is made”

 
  

substitute “for the referendum”.

 
 

Regulation 56 (closing date

For paragraph (1) substitute—

 

20

 

for applications)

    “(1)  

An application under paragraph 3(1), (6)

 
  

or (7) or 7(4) of Schedule 4 to the 2000 Act

 
  

or an application under paragraph 8(4) of

 
  

Schedule 3 to the Parliamentary Voting

 
  

System and Constituencies Act 2010 shall

 

25

  

be disregarded for the purposes of the

 
  

referendum, and an application under

 
  

paragraph 4(5) of Schedule 3 to the

 
  

Parliamentary Voting System and

 
  

Constituencies Act 2010 shall be refused,

 

30

  

if it is received by the registration officer

 
  

after 5 pm on the eleventh day before the

 
  

date of the poll for the referendum.”

 
  

In paragraph (2)—

 
  

(a)   

for “a particular parliamentary or local

 

35

  

government election” substitute “the

 
  

referendum”;

 
  

(b)   

for “at that election” substitute “for the

 
  

referendum”.

 
  

For paragraphs (3) and (3A) substitute—

 

40

  

    “(3)  

Subject to paragraph (3A), an application

 
  

under paragraph 4(2) or 6(4) of Schedule 3

 
  

to the Parliamentary Voting System and

 
  

Constituencies Act 2010 shall be refused if

 
  

it is received by the registration officer

 

45

  

after 5 pm on the sixth day before the date

 
  

of the poll for the referendum.

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)

110

 
 

Provision

Modification

 
  

    (3A)  

Where an application made under

 
  

paragraph 4(2) of Schedule 3 to the

 
  

Parliamentary Voting System and

 
  

Constituencies Act 2010 is made—

 

5

  

(a)   

on the grounds of the applicant’s

 
  

disability and the applicant

 
  

became disabled after 5 pm on the

 
  

sixth day before the date of the

 
  

poll for the referendum; or

 

10

  

(b)   

by a person to whom paragraph

 
  

2(6) of that Schedule applies,

 
  

           

the application, or an application under

 
  

paragraph 6(4) of that Schedule made by

 
  

virtue of that application, shall be refused

 

15

  

if it is received after 5 pm on the day of the

 
  

poll for the referendum.”

 
  

For paragraph (4) substitute—

 
  

    “(4)  

An application under paragraph 4(1) or

 
  

8(5) of Schedule 3 to the Parliamentary

 

20

  

Voting System and Constituencies Act

 
  

2010 shall be refused if it is received by the

 
  

registration officer after 5 pm on the

 
  

eleventh day before the date of the poll for

 
  

the referendum.”

 

25

  

In paragraph (5)—

 
  

(a)   

after “paragraph 6(10) of that Schedule by

 
  

an elector” insert “, or a notice under

 
  

paragraph 6(6) of Schedule 3 to the

 
  

Parliamentary Voting System and

 

30

  

Constituencies Act 2010 by a person,”;

 
  

(b)   

for “a particular parliamentary or local

 
  

government election” substitute “the

 
  

referendum”;

 
  

(c)   

for “at that election” substitute “for the

 

35

  

referendum”.

 
  

In paragraph (6), after “bank holiday” insert “or any

 
  

day appointed as a day of public thanksgiving or

 
  

mourning”.

 
  

For paragraph (7) substitute—

 

40

  

“(7)   

In paragraph (6) above “bank holiday”

 
  

means a day which is a bank holiday under

 
  

the Banking and Financial Dealings Act 1971

 
  

in any part of the United Kingdom.”

 
 

Regulation 57 (grant or

Omit paragraph (3).

 

45

 

refusal of applications)

  
 
 

 
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